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DECREE

Detailing and guiding the implementation of a number of articles of the Law on Publication

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 3, 2004 Law on Publication;

At the proposal of the Minister of Culture and Information,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope and application subjects

This Decree details and guides the implementation of a number of articles of the Law on Publication with respect to policies for publication activities; tasks and powers of publication-managing agencies at different levels; and activities of publishing, printing and distributing publications.

Article 2.- Publications

Publications defined in Article 4 of the Law on Publication are expressed in the following forms:

1. Books, including books for the blind and e-books.

2. Pictures, photos, maps, posters; pamphlets, leaflets with contents defined in Article 4 of the Law on Publication.

3. Calendars of all types in form of publication.

4. Publishers' audio and video tapes and discs with contents substituting or illustrating books.

Article 3.- Policies of encouraging and supporting the development of publication cause

The State policies of encouraging and supporting the development of publication cause provided for in Clause 1, Article 6 of the Law on Publication include:

1. Prioritizing investment in the application of advanced technologies and techniques in the publishing domain; investment in printing establishments in service of performance of political, defense or security tasks and those located in the areas given with State investment priority; construction of book centers in key regions and areas; construction and upgrading of book distribution networks in districts given with State investment priority.

2. Providing funding support for compilation and finalization of curricula; organizing professional training and fostering at home and abroad for the contingents of editors, printing engineers and managerial staff of publishing houses, publication-printing and -distributing establishments.

3. Providing funding support for the organization of, and participation in, book exhibitions and fairs in service of political tasks and external information work at home and abroad.

4. Providing funding support for annual reward and commendation of publications of high value.

Article 4.- Policies of placing orders, purchasing manuscripts, supporting the purchase of copyright and providing freight subsidies for publications

1. Annually, the Ministry of Culture and Information shall approve a list of publications for central publishing houses to place orders, purchase manuscripts and get supports for purchase of copy-right. The People's Committees of the provinces or centrally-run cities (hereinafter referred to as the provincial-level People's Committees) shall approve such lists for local publishing houses defined in Clauses 2 and 3, Article 6 of the Law on Publication.

2. Freight subsidies for the transportation of publications to areas meeting with socio-economic difficulties or extreme socio-economic difficulties to serve mountainous or island people shall be calculated according to the distance from the place of purchase to the headquarters of a commune People's Committee.

3. The Ministry of Culture and Information shall approve the list of publications entitled to freight subsidies in service of external information work. Such freight subsidies shall be calculated according to the distance from the place of delivery to the place of reception overseas.

4. The Ministry of Culture and Information shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, the Ministry of Finance and concerned agencies in, promulgating documents for implementation of the policies specified in Clause 2, Article 28 of the Law on Publication and Articles 3 and 4 of this Decree.

Article 5.- Tasks and powers of the Ministry of Culture and Information in performing the state management of publication activities

1. The Ministry of Culture and Information shall assist the Government in performing the state management of publication activities throughout the country and have the following tasks and powers:

a/ To elaborate and submit to competent authorities for promulgation or promulgate according to its competence strategies, plannings and plans for development of publishing, printing and distribution domains; legal documents and policies on publication activities.

b/ To manage scientific research and technological application in publication activities and the work of professional training and fostering in publication activities.

c/ To manage international cooperation on publication activities.

d/ To grant, withdraw permits for establishment of publishing houses, representative offices of foreign publishers in Vietnam or representative offices of foreign organizations involved in the distribution of publications in Vietnam as defined in Articles 16, 24 and 43 of the Law on Publication.

e/ To suspend the operations of publishing houses, representative offices of foreign publishers in Vietnam, representatives offices of foreign organizations involved in the distribution of publications in Vietnam; prohibit the circulation of, withdraw, confiscate or destroy violating publications of publishing houses, agencies or organizations permitted to conduct publishing activities or publication-importing establishments.

f/ To organize the emulation and commendation work in publication activities; direct and guide the selection and reward of publications of high value.

g/ To inspect, examine the observance of publication law; settle complaints and denunciations and handle law violations in publication activities according to its competence.

2. The Publication Department is a functional agency under the Ministry of Culture and Information and has the following tasks and powers:

a/ To assist the Minister of Culture and Information in performing the tasks defined in Clause 1 of this Article.

b/ To receive and manage the registration of publishing plans of publishers, register lists of import publications of publication-importing establishments.

c/ To be held responsible to the Minister of Culture and Information for the grant and withdrawal of permits for publication of non-commercial documents; publication-printing permits; permits for printing of publications for foreign parties; publication-import permits; and permits for publication exhibitions and fairs stipulated in Articles 22, 23, 31, 34 and 42 of the Law on Publication.

d/ To suspend publication-printing activities or the printing of publications being printed; suspend or stop the distribution of publications; suspend the import of publications; suspend the organization of publication exhibitions and fairs of Vietnamese and foreign agencies, organizations and individuals; suspend the circulation of publications in violation of the publication legislation.

e/ To manage the depositing of publications and organize the review of publications in depository.

f/ To conduct inspection, emulation and commendation work in publication activities.

Article 6.- Tasks and powers of provincial-level People's Committees in performing the state management of publication activities in localities

1. Provincial-level People's Committees performing the state management of publication activities in localities shall have the following tasks and powers:

a/ To elaborate planning and decide on plans for development of the publishing, printing and distribution of publications in their localities; make and promulgate according to their competence legal documents on publication activities.

b/ To organize emulation and commendation work in local publication activities.

c/ To conduct inspection and examination, settle complaints and denunciations and handle law violations in publication activities according to their competence.

d/ To suspend activities of central publishing houses, printing establishments and distributing establishments based in localities; to stop acts of violating publication law committed by central agencies, organizations or individuals in localities; to suspend the import of publications by publication-importing establishments and report such to the Minister of Culture and Information; to stop the distribution by local publication-distributing establishments of publications with contents in violation of the Law on Publication.

e/ To prohibit the circulation of, withdraw, confiscate or destroy publications in violation of publication law of publishing houses, agencies or organizations permitted to conduct publishing activities, or local publication-importing establish-ments, and report such to the Minister of Culture and Information.

2. Provincial/municipal Culture and Information Services are professional agencies under provincial-level People's Committees and have the following tasks and powers:

a/ To assist provincial-level People's Committee presidents in performing the tasks defined in Clause 1 of this Article.

b/ To take responsibility before the provincial-level People's Committee presidents for the grant and withdrawal of permits for publishing non-commercial documents, for publication exhibitions and fairs to local agencies, organizations and individuals as well as branches, representative offices and units of central agencies and organizations based in their localities; publication-printing permits and permits for printing of publications for foreign parties for local printing establishments stipulated in Articles 22, 31, 34 and 42 of the Law on Publication.

c/ To manage the depositing of publications and organize the review of deposited publications permitted by local authorities.

d/ To inspect and examine the observance of publication law; settle complaints and denunciations and handle law violations in publication activities according to their competence.

e/ To suspend the publication-printing activities or stop the printing of publications being printed if detecting that their contents are in violation of Article 10 of the Law on Publication and report such to the Minister of Culture and Information, presidents of provincial-level People's Committees; to suspend the organization of publication exhibitions and fairs of agencies, organizations and individuals that have been permitted by local authorities; to suspend the distribution by local distributing establishments of publications with contents in violation of the Law on Publication.

f/ To destroy publications in violation of publication law under decisions of the Minister of Culture and Information or presidents of provincial-level People's Committees.

Article 7.- Planning for development of publishing, printing and distribution domains

The Ministry of Culture and Information shall have to:

1. Elaborate planning for development of publishing, printing and distribution domains.

2. Based on the approved national planning, guide the elaboration and implementation of ministerial, departmental, branch and local plans for publishing, printing and distribution development.

Chapter II

PUBLISHING

Article 8.- Organizations entitled to establish publishing houses

1. State agencies, political organizations, socio-political organizations at the central and provincial levels.

2. Other organizations entitled to establish publishing houses include:

a/ Centrally-run political-social-professional organizations directly creating and publicizing works.

b/ Apart from the organizations entitled to establish publishing houses defined at Point a of this Clause, based on specific requirements, conditions for establishment of publishing houses as well as national, branch and local plannings for development of the publication cause, the Ministry of Culture and Information shall decide on the establishment of publishing houses after consulting the Prime Minister.

3. The establishment of publishing houses must conform with the national planning for development of the publication cause.

Article 9.- Appointment, dismissal, demotion of directors and editors-in-chief of publishing houses

1. Before appointing directors and editors-in-chief of publishing houses, managing agencies must send dossiers to the Ministry of Culture and Information. Such a dossier comprises:

a/ The written request and agreement for appointment.

b/ The curriculum vitae of the expected appointee.

c/ The notarized copies of diplomas and certificates on the expected appointee's qualifications as defined in Clause 1, Article 14 of the Law on Publication.

2. When dismissing, demoting directors or editors-in-chief of publishing houses, managing agencies must send written requests to the Ministry of Culture and Information and comply with the provisions of the legislation on officials and public employees.

3. Within 10 working days after receiving complete and valid dossiers, the Ministry of Culture and Information must give managing agencies of publishing houses written replies on appointment, dismissal or demotion of directors or editors-in-chief of publishing houses.

Article 10.- Registration of publishing plans

1. Publishing houses must register their publishing plans with the Publication Department before publication. Such plans must comply with their guiding principles, purposes, functions and tasks and be approved by their managing agencies before registering them with the Publication Department according to Form No. 1 in the Appendix attached to this Decree (not printed herein).

2. Within 7 working days after receiving registrations of publishing plans of publishing houses, the Publication Department shall issue written certification of such registrations. The inscription of publishing plan registration numbers in publications as stipulated in Article 26 of the Law on Publication shall comply with Form No. 2 in the Appendix attached to this Decree.

3. After registering their publishing plans, publishing houses are entitled to materialize them in accordance with the registered contents.

Registered publishing plans shall be valid till the end of December 31 of the plan year.

Article 11.- Granting permits for publishing non-commercial documents

1. Non-commercial documents which are published not by publishing houses and must be permitted for publication as defined in Article 22 and Clause 2, Article 23 of the Law on Publication include:

a/ Documents for propaganda and agitation in service of national political tasks, big anniversaries and important events.

b/ Documents guiding the study and implementation of the Party's directives and resolutions and State laws.

c/ Documents guiding production techniques, measures for prevention and fight of natural disasters and epidemics and environmental protection.

d/ Proceedings of symposiums.

e/ Documents of Vietnam-based foreign agencies and organizations, international organizations and 100% foreign-owned enterprises.

2. When publishing the documents defined in Clause 1 of this Article, agencies and organizations must send their applications for publication permits to the State management agency in charge of publication.

3. Within 10 working days after receiving complete and valid dossiers, the Publication Department shall take responsibility before the Minister of Culture and Information for the grant of publication permits to central agencies and organizations, foreign organizations, international organizations and 100% foreign-owned enterprises in Vietnam; provincial/municipal Culture and Information Services shall take responsibility before provincial-level People's Committee presidents for the grant of publication permits to local agencies and organizations, branches, representative offices and units of central agencies and organizations based in localities.

Article 12.- Depositing of copies of publications

1. The depositing of copies of publications defined in Clause 1, Article 27 of the Law on Publication shall be effected as follows:

a/ Publishing houses, central agencies and organizations permitted to publish publications shall deposit copies thereof to the Publication Department.

b/ Local agencies and organizations, branches, representative offices and units attached to central agencies or organizations based in localities, which are permitted to publish publications, shall deposit copies thereof to the Publication Department and provincial/municipal Culture and Information Services.

2. When depositing copies of publications, publishing houses, agencies and organizations permitted to publish them must affix the "deposit" stamp and signature on the publications.

Article 13.- Review of deposited publications

1. The Publication Department and provincial/municipal Culture and Information Services shall organize the review of deposited publications and organize a contingent of collaborators to review deposited publications.

2. When detecting that deposited publications are in violation of the provisions of the Law on Publication, to handle them according to the provisions of Article 30 of this Law.

In cases where deposited publications are detected as having contents in violation of the provisions of Article 10 of the Law on Publication, they shall be handled as follows:

a/ The Publication Department and provincial/municipal Culture and Information Services shall request publishing houses, agencies or organizations permitted to publish them not to distribute or to suspend the distribution of such publications and organize the evaluation of the publications' contents.

b/ Publishing houses, agencies or organizations permitted to publish publications shall organize evaluation of the contents of deposited publications and send evaluation minutes to the Publication Department or provincial/municipal Culture and Information Services.

c/ Within 10 working days after receiving the evaluation minutes, the Publication Department or provincial/municipal Culture and Information Services shall consider and propose the distribution of publications or application of handling measures under regulations.

Chapter III

PRINTING OF PUBLICATIONS

Article 14.- Activities of printing of publications and conditions for the grant of publication-printing permits

1. Activities of printing of publications include typesetting, printing and post-printing processing.

2. The conditions for grant of publication-printing permits defined at Points a and b, Clause 1, Article 31 of the Law on Publication are specified as follows:

a/ The directors or owners of publication-printing establishments must have diplomas granted by printer-training establishments or certificates of having been fostered in printing management knowledge, granted by training establishments specialized in culture and information.

Notarized copies of diplomas or certificates must be enclosed with dossiers of application for publication-printing permits.

b/ Printing establishments must have printing and post-printing processing equipment line.

Article 15.- Competence to grant permits for printing of publications

The Publication Department shall take responsibility before the Minister of Culture and Information for the grant of permits to publication-printing establishments of central agencies and organizations; provincial/municipal Culture and Information Services shall take responsibility before presidents of provincial-level People's Committees for the grant of permits to publications-printing establishments of local agencies and organizations.

Publication-printing establishments that wish to locate their branches in other provinces or centrally-run cities must get written consent of provincial-level People's Committees of localities where their branches are to be located and must request the supplementation of their printing permits according to the provisions of Article 31 of the Law on Publication.

Article 16.- Conditions to undertake the printing of publications

1. When undertaking to print publications, the publication permits, the permits for publication printing for foreign parties and the publishing decisions of directors of publishing houses defined in Clause 1, Article 32 of the Law on Publication must be the originals and kept at the establishments undertaking the printing of such publications.

2. When receiving the typesetting, printing or post-printing processing of publications, printing establishments must record such in books and manage printing contracts.

Article 17.- Printing of publications for foreign parties

1. The Publication Department shall be held responsible to the Culture and Information Minister for the grant of permits for printing of publications for foreign parties to central printing establishments; provincial/municipal Culture and Information Services shall be held responsible to presidents of provincial-level People's Committees for the grant of permits for printing of publications for foreign parties to local printing establishments.

2. Contents of publications printed for foreign parties must not contravene the relevant provisions of law.

The Ministry of Culture and Information shall have to guide in detail the implementation of this provision.

3. Publications printed for foreign parties must not be distributed and popularized in the Vietnamese territory.

Chapter IV

DISTRIBUTION OF PUBLICATIONS

Article 18.- Registration of import of publications

The registration of lists of publications imported for trading (hereinafter called lists of import publications for short) defined in Clause 2, Article 39 of the Law on Publication shall be conducted as follows:

1. When importing publications, importing establishments must register lists of import publications with the Publication Department according to Form No. 3 in the Appendix to this Decree.

2. Within seven working days after receiving lists of import publications, the Publication Department shall certify the registration in writing.

3. After registering lists of import publications, importing establishments shall be entitled to conduct the importation according to the registered contents.

The registered lists of import publications shall be valid till the end of December 31 of the plan year.

4. Lists of import publications already certified by the Publication Department shall serve as a basis for importing establishments to carry out customs procedures.

Article 19.- Publication exhibitions and fairs

1. The Publication Department shall take responsibility before the Minister of Culture and Information for the grant of permits for organization of publication exhibitions and fairs to central agencies and organizations, foreign organizations and individuals and international organizations; provincial/municipal Culture and Information Services shall take responsibility before presidents of provincial-level People's Committees for the grant of permits for organization of publication exhibitions and fairs to local agencies, organizations and individuals, branches, representative offices and units of central agencies and organizations based in localities.

2. Agencies, organizations and individuals organizing such exhibitions and fairs shall take responsibility for the contents of publications displayed at exhibitions or fairs.

3. The non-commercial display of publications to introduce activities and products of Vietnamese agencies and organizations does not require permits but concerned agencies, organizations or individuals must report in writing the display time and venue as well as lists of publications for display to the competent permit-granting agencies defined in Clause 1 of this Article and take responsibility for the publications' contents.

Article 20.- Activities of representative offices of foreign organizations in the domain of distribution of publications

1. Vietnam-based representative offices of foreign organizations operating in the domain of distribution of publications defined in Clause 3, Article 43 of the Law on Publication shall be entitled to:

a/ Introduce their organization and products.

b/ Promote contractual, business cooperation or joint venture transactions in the domain of distribution of publications; transactions on the distribution of publications, copyright and technology transfer in the domain of distribution of publications.

2. Vietnam-based representative offices of foreign organizations operating in the domain of distribution of publications must not directly do business in Vietnam.

Chapter V

IMPLEMENTATION PROVISIONS

Article 21.- Re-grant of permits in publication activities

Publishing houses, publication-printing establishments and publication-importing establishments set up and operating before July 1, 2005, must fill in procedures for re-grant of permits.

Article 22.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO" and replaces the Government's Decree No. 79/CP of November 6, 1993.

Article 23.- Responsibilities for implementation of this Decree

1. Ministers, heads of ministerial-level agencies, heads of agencies attached to the Government, and presidents of People's Committees of provinces or centrally-run cities shall have to implement this Decree.

2. The Minister of Culture and Information shall guide the implementation of this Decree.